Terms and Conditions of Appointment as an Insurance ... - Aviva

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Terms and Conditions5.3 Use of Documents5.3.1 In carrying on of the Business, theIntermediary will use in connection with theInsurance Policies, only such documentation(including quotations and illustrations) asare accurate and consistent with the termsand conditions attaching to such InsurancePolicies provided always that Aviva shall beresponsible for the accuracy and consistencyof such documentation provided by Aviva.5.3.2 Unless the written authority of Aviva shall havefirst been obtained, the Intermediary shall notutilise any book, newspaper, publication orother media for advertisements in any wayrelating to Aviva or bearing the trade mark ortrade name of Aviva or any of its products.5.3.3 The Intermediary will not use any documentswhich would bring into disrepute, the nameor goodwill attaching to Aviva or any of theInsurance Policies provided always that theIntermediary shall not by these T&Cs, berestricted in any way from furnishing bestadvice to its Clients and pursuing its businessas an insurance intermediary.5.4 Maintenance of StandardsThe Intermediary shall use its best endeavoursin carrying on of the Business and carryingout the other duties of the Intermediaryunder these T&Cs, to meet the standardsreasonably expected of a properly qualified,competent, prudent and registered insuranceintermediary operating in the Territory.5.5 Professional Indemnity Cover5.5.1 Without prejudice to its other obligations andliabilities under these T&Cs, the Intermediaryshall maintain professional indemnity coverwith an insurer without any unusuallyonerous conditions and with a level ofindemnity of not less than the amountsspecified in Applicable Laws and Regulations,in relation to each such type of liability. Theinsurance shall cover acts or omissions arisingout of the performance by the Intermediaryof its obligations under these T&Cs.5.5.2 The Intermediary shall produce to Aviva uponwritten request, satisfactory evidence of theinsurance arrangements referred to abovewithin 5 Business Days of receiving such arequest.5.5.3 The Intermediary shall notify Aviva in writingimmediately if it contemplates ceasing, orceases, for any reason, to maintain the saidinsurance on its then current terms.5.5.4 The Intermediary should maintain anappropriate disaster recovery plan forthe prompt and efficient handling of anyoccurrence which would impair its abilityto perform the obligations required of it bythese T&Cs.5.6 Access to Records5.6.1 The Intermediary shall maintain properrecords in relation to the Business and shallpursuant to these T&Cs, afford to Aviva,its internal and external auditors and otherprofessional advisers, and to all relevantcompetent regulatory or governmentalauthorities, on reasonable written notice,access to its computer databases, computerrecords, computer software, microfiche andany other means of storing informationincluding books, documents and records tothe extent that the same relate to the subjectmatter of these T&Cs and shall permit themto take and remove copies of the records. Inaddition, the Intermediary shall furnish themwith such information with regard thereto asAviva may reasonably require in such formand in such manner as Aviva may reasonablyspecify (including on computer disk or bymagnetic, optical or other media).5.6.2 The Intermediary shall comply with any requestfor information or records relating to theBusiness or the Insurance Policies received byeither of the Parties from a relevant competentregulatory or governmental authority.5.6.3 If at any time after this appointment hasterminated the Intermediary wishes to destroythe said relevant records, the Intermediarywill contact Aviva and if so required byAviva arrange to transfer such records to theownership of Aviva.5.6.4 The Intermediary shall permit Aviva, theother parties referred to in Clause 5.6.1above and a relevant competent regulatoryor governmental authority, on reasonablewritten notice, such access to its premisesas may be necessary for the purposes ofClauses 5.6.1 and 5.6.2 above. If Aviva is notsatisfied at any time with any inspection of
Terms and Conditionsany books, documents or records pursuantto Clause 5.6.1 above, it may at its ownexpense procure an audit (whether financial,underwriting or other) of such computerrecords, books, documents and records andthe Intermediary shall cooperate with andfacilitate such audit and promptly take suchsteps as may be reasonably necessary toremedy any defects highlighted by such audit.5.6.5 The Intermediary shall give Aviva’s internalauditors and external auditors suchinformation and explanations as theyreasonably consider necessary for theperformance of their duties as auditors.5.6.6 The Intermediary shall comply with ApplicableLaws and Regulations as regards themaintenance of records and the granting ofaccess to such records.5.6.7 The Intermediary undertakes and/or warrantsthat it is fully licensed to use any and allsoftware that is used for the Business andthat to the extent Aviva (or any other party inexercise of rights under these T&Cs) requiresa licence to use any such software in orderto exercise its rights under these T&Cs, theIntermediary will arrange at the Intermediary’sexpense for the appropriate licences to beobtained.5.7 Consequences of Unsatisfactory Conductby IntermediaryIn the event of Unsatisfactory Conduct bythe Intermediary in the performance of itsduties under these T&Cs Aviva reserves theright to do any of the matters described inSections 5.7.1 to 5.7.3 below. Prior to theexercise of Aviva’s rights hereunder, it willuse the Dispute Resolution process set out inSection 15, except if, in Aviva’s opinion, suchUnsatisfactory Conduct requires notificationto a relevant competent regulatory orgovernmental authority.5.7.1 Communicate directly with holders ofInsurance Policies or Clients in respect ofmatters relating to Insurance Policies onwhose behalf the Intermediary has beendealing with Aviva.5.7.2 Take any available remedy to protect theinterests of the holders of Insurance Policiesor Clients.5.7.3 Take any available remedy for the recoveryof any monies payable and documents dueto Aviva or a Client in connection with anyInsurance Policy or under the terms of theseT&Cs.SECTION 6.0 - DUTIES OF AVIVA 6.1Payment of Commission6.1.1 The Intermediary shall be entitled to receivecommission from Aviva in respect of aparticular Insurance Policy on the followingconditions:(a) the appointment as an Intermediary wasin force at the time the Insurance Policywas effected;(b) the business was introduced by theIntermediary and the Intermediarycontinues to act for the Client;(c) Aviva has received all the premiumspayable to date for the Insurance Policy.6.1.2 Commission shall be payable by Aviva tothe Intermediary in accordance with theCommission Arrangements. Aviva reservesthe right by written notice to the Intermediaryto vary the Commission Arrangements orother remuneration arrangements generallyto include (without limitation) in respectof Insurance Policies in force when theamendment takes effect.6.1.3 Commission payable to the Intermediary byAviva in respect of any class of insurancebusiness may be subject to set-off against anymonies due to Aviva from the Intermediary.6.1.4 Commission shall not be payable on thebusiness initiated by the Intermediary:(a) unless otherwise determined and notifiedto the Intermediary in writing by Aviva,following termination of the appointmentof the Intermediary in accordance withthese T&Cs;(b) unless otherwise determined andnotified to the Intermediary in writingby Aviva, where, at the direction of theClient, the Intermediary is no longer theintermediary for the Client in respect ofthat Insurance Policy;(c) in the event of the Intermediarybecoming bankrupt, insolvent, going into
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